Breath Tests & Blood Tests Attorneys

Helping People In Austin & Surrounding Areas

When you are stopped for a DWI, the arresting officer will usually administer
a breath or blood test to determine your intoxication level. The results
of these tests will be used to build the prosecution’s case against
you. If you were arrested for a
DWI and submitted to a breath or blood test, you should immediately speak
with our attorneys to discuss your legal options.

Breath Tests

In Texas, police officers use an outdated machine called the Intoxilyzer
5000 to administer a breath test on a DWI suspect. Although most other
states have upgraded to using more accurate equipment, Texas remains behind
the curve and continues to use this problematic machine.

In order to get a DWI conviction the State must prove beyond a reasonable
doubt that you were intoxicated at the time you were driving. If your
breath test results are .08 or above, you’ll need an attorney to
show the jury how unreliable the machine actually is.

Don’t think that all hope is gone because you blew above .08. The
breath test is just one piece of evidence and the burden to prove that
you were intoxicated can be difficult to meet. Our lawyers will review
your case to determine if there was reasonable suspicion or probable cause
for your traffic stop. We will also challenge the breath test procedures
used by the arresting officer.

Blood Tests

Although you have the constitutional right to refuse a blood test, doing
so can result in your license being suspended. Your refusal can also be
used as evidence against you in court. If you are arrested during one
of Texas’ “no refusal weekends,” you can still refuse
a blood test. Furthermore, police will need a warrant from a judge to
draw your blood after you refuse.

The following factors can affect the validity of a blood test:

Did the police have a lawful warrant?

Was your blood drawn in a sanitary environment?

Was there a proper chain of custody regarding the blood?

A DWI conviction can be devastating to your personal and professional life.
If you have been arrested for DWI, do not wait to contact an attorney.

Speak with Our Lawyers Today

When it comes to DWI arrests, you need an attorney who understands the
process and who can educate the jury on the problems with the State’s
evidence. At Smith & Vinson Law Firm, we take your DWI charges seriously
and we will fight to protect your constitutional rights. Our team of lawyers
have years of experience helping people secure the justice that they deserve.
Let us fight for you today.

Our Clients Are Our Biggest Endorsers
Hear What They Have to Say

He's a real lawyer!

“A civil issue arose in Austin with a family member. We sought the advice of a well named Austin attorney. This unnamed attorney provided egregious legal advice. In court, a lifetime civil injunction was ruled by the judge on this non-criminal civil issue. Once learning of this judgement we immediately started looking for another attorney and found Brad Vinson, with Smith and Vinson. Simply put, Brad had this entire debacle reversed and a new judgement set for what is customarily ruled in similar cases. It didn't take long either. I only wish we had called Brad first. He's a real lawyer!”

David

Professional and effective attorney

“Brad was extremely professional throughout the entire process. He was direct and prompt in responding to my inquiries and I felt at ease knowing he was taking care of my case. I will definitely use Brad and his firm in the future and highly recommend them if you need an excellent defense attorney! Thanks Brad!”

Andi

Professional representation at its best!

“First and foremost, I would like to thank Brad and Jarrod for handling my case. Both of these men represented with much professionalism and didn't at all treat me like a criminal. At times I was skeptical since I was facing so much uncertainty. Both men obviously could not predict the outcome of things but assured me that they will work hard for me. They sure kept their promise on that! Both men took the time to get to know me and my situation before designing a plan to represent me. When I was in doubt with much fear they reassured me that "things will be all right". I am grateful for the representation both men have provided me and without hesitation, I would speak volumes of their service. Thank you so much!”

Victor

110% glad I chose Jarrod to represent and fight for me.

“Pay them, be honest with them and communicate with them and they will fix your mistake. Plain and simple. Charged 1st DWI offense. Called in. Told them scenario. Worked with payment methods (very important) .I had numerous lawyers to choose from. 110% glad I chose Jarrod to represent and fight for me. Throughout whole process I had the utmost confidence in Mr. Smith and his work.
the goal when we first met was to "get the DWI dismissed"
and that is exactly what happened. mission accomplished.
if you need a DWI removed call jarrod”

Ronald D.

Second to NONE

“I would love to add my thanks and heart felt appreciation for the help that your law firm provided me. Before I met you guys my situation looked very bleak and quite honestly your dedication to my case really carried over this past year and the reward was not only one felony dismissal but two. Thank you from the Ramirez family, I will always be great full and you guys have earned a spot in my family.
For anyone reading, this firm is second to NON, they know what there talking about and do exactly what they promise to do. Very professional, on time and and educate you along the whole process.
I had alot to lose and you guys gave it all back to me and finally represented what true Justice is here in America. God bless you both and God bless your firm”

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.